February 10, 2012
/cdklawyers.com// 02/10/2012
The Texas Supreme Court recently ruled on a workers’ compensation coverage issue. Port Elevator-Brownsville, L.L.C. v. Casados, No. 10-0523 (Tex. Jan. 27, 2012), available at http://www.supreme.courts.state.tx.us/historical/2012/jan/100523.pdf. The plaintiffs’ son suffered a fatal work-related injury while working as a temporary worker for Port Elevator. The plaintiffs did not seek workers’ compensation benefits from Port Elevator’s […]
November 19, 2011
/cdklawyers.com// 11/19/2011
With the holidays rapidly approaching, employers and employees alike may be asking questions about holiday pay and time off for special days. Although many employers offer paid holidays to their employees as a benefit, no Texas or federal law actually mandates that employees be paid for taking time off to celebrate a holiday.
The Fair […]
October 8, 2010
/cdklawyers.com// 10/08/2010
In Texas, employers and employees can contractually waive the right to a trial by jury by including a jury waiver provision in a contract that governs their relationship. Then, instead of a jury determining the outcome of any lawsuit arising from the employment relationship, a judge would hear the testimony and act as the […]
April 6, 2010
/cdklawyers.com// 04/04/2010
The Fifth Circuit Court of Appeals recently affirmed summary judgment for an employer in a discrimination case. Jackson v. Cal-W. Packaging Corp., No. 09-20411 (5th Cir. March 2, 2010), available at http://www.ca5.uscourts.gov/opinions/pub/09/09-20411-CV0.wpd.pdf.
The plaintiff sued his former employer for age discrimination after allegedly being fired for non-compliance with the company’s sexual harassment policy. The employer […]
March 28, 2010
/cdklawyers.com// 03/28/2010
The Fifth Circuit Court of Appeals recently affirmed summary judgment for an employer in a discrimination case. Kretchmer v. Eveden Inc., No. 09-10556 (5th Cir. March 12, 2010), available at http://www.ca5.uscourts.gov/opinions/unpub/09/09-10556.0.wpd.pdf.
The plaintiff sued his former employer for religious and age discrimination after being terminated from his position as a sales account executive. The employer […]
March 23, 2010
/cdklawyers.com// 03/23/2010
The Court of Appeals located in Dallas, Texas recently enforced a forum selection clause contained in an employment agreement. Godenick v. Mannatech, Inc., No. 05-09-00269-CV (Tex. App.—Dallas March 3, 2010, no pet. h.), available at http://www.5thcoa.courts.state.tx.us/cgi-bin/as_web.exe?c05_10.ask+D+4781377. In the employment agreement, the parties agreed to exclusive venue and personal jurisdiction in Dallas County, Texas for […]
March 16, 2010
/cdklawyers.com// 03/16/2010
A non-compete agreement forbids an employee from competing with an employer post-employment. But, cautions Dallas non-compete attorney Keith Clouse, an employer must provide adequate consideration to the employee for the contract to be enforceable.
In Texas, the consideration given by an employer must give rise to the employer’s interest in restraining the employee from competing […]
February 28, 2010
Federal law and Texas state law protect individuals from workplace discrimination on the basis of certain characteristics. For example, an employer cannot treat a worker unfairly because the worker is of a particular gender, race, or religious affiliation. But the law does not protect workers from “equal opportunity” bullies.
For instance, an employee may believe that […]
January 18, 2010
/cdklawyers.com// 01/18/2010
Keith Clouse, a Texas non-compete lawyer, notes that the San Antonio appellate court recently ruled in a non-compete dispute. The Court held that a company’s failure to pay commission payments to an employee could not defeat the employer’s breach of contract action against the employee for alleged violations of a non-compete agreement. Cent. Tex. […]
